2010-106sAour documentAordinancesUftavino grant ord.doc
ORDINANCE NO. 2010-106
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING A GRANT APPLICATION FROM CHRIS AND CYNTHIA SAV1NO FROM
THE DOWNTOWN INCENTIVE REIMBURSEMENT GRANT PROGRAM NOT TO
EXCEED $7,935; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on April 3, 2007, the City Council approved a Downtown Incentive
Reimbursement Program by Ordinance No. 2007-072; and
WHEREAS, Chris and Cynthia Savino have applied for an $7,935 grant; NOW,
THEREFORE,
F)
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council of the City of Denton hereby approves the request from
Chris and Cynthia Savino for $7,935 from the Downtown Incentive Reimbursement Grant Program.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Agreement and to carry out the duties and responsibilities of the City, including the expenditure
of funds as provided in the Agreement.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: L==2 J-A)0~~ L
APPROVED AS O LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
3
DOWNTOWN REIMBURSEMENT GRANT INCENTIVE AGREEMENT
This Downtown Reinvestment Grant Incentive Agreement (the "Agreement") is entered
into by and between the City of Denton, Texas (the "City"), duly acting herein by and through its
Mayor, and Chris and Cynthia Savino, individuals (the "Owner"), duly acting herein by and
through its authorized officer.
WHEREAS, the City has adopted a resolution which provides that it elects to be eligible
to participate in downtown reinvestment grant incentives and has adopted guidelines and criteria
governing downtown reinvestment grant incentive agreements known as the Denton Downtown
Reinvestment _Grant Incentive Program; and
WHEREAS, on the 3`d day of April, 2007, the City Council of Denton, Texas (the "City
Council") adopted the Denton Downtown Incentive Reimbursement Program (the "Program"), a
copy of which is on file in the City of Denton Economic Development Office and which is
incorporated herein by reference; and
WHEREAS, the Denton Downtown Incentive Reimbursement Program Policy constitutes
appropriate "guidelines and criteria" governing downtown reinvestment grant incentive
agreements to be entered into by the City; and
WHEREAS, Owner will be the owner, as of the Effective Date (as hereinafter defined),
which status is a condition precedent, of certain real property, more particularly described in
Exhibit "A" attached hereto and incorporated herein by reference and made a part of this
Agreement for all purposes (the "Premises") as of the Effective Date; and
WHEREAS, on the 30`x' day of January 2010, Owner submitted an application for
reinvestment with various attachments to the City concerning the contemplated use of the
Premises (the "Application"), which is attached hereto and incorporated herein by reference as
Exhibit "B"; and
WHEREAS, the City Council finds that the contemplated use of the Premises, the
Contemplated Improvements (as hereinafter defined) to the Premises as set forth in this
Agreement, and the other terms hereof are consistent with encouraging development in
accordance with the purposes and are in compliance with the Ordinance and Program and similar
guidelines and criteria adopted by the City and all applicable law;
NOW, THEREFORE, the City and Owner for and in consideration of the premises and
the promises contained herein do hereby contract, covenant, and agree as follows:
1.
TERMS AND CONDITIONS OF REIMBURSEMENT
i•
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Agreement original.wps
A. In consideration of and subject to the Owner meeting all the terms and conditions
of reimbursement set forth herein, the City hereby grants the following reimbursement:
1. A reimbursement in an amount not to exceed $7,935 attributable to new
capital investments, as hereinafter described, being constructed on the Premises.
B. A condition of the Reimbursement is that, by May 4, 2011 (subject to force
majeure delays not to exceed 180 days), a capital investment in the form of exterior paint,
transom window repair, awnings and signs be constructed on the Premises. For the purposes of
this paragraph, the term "force majeure" shall mean any circumstance or any condition beyond
the control of Owner, as set forth in Section XXI "Force Majeure" which makes it impossible to
meet the above-mentioned-thresholds.
C. The term "capital investment" is defined as the construction, renovation and
equipping of awnings, utility upgrades, fagade and entryway work, as described in Exhibit "C"
(the "Improvements on the Premises", the "Contemplated Improvements" or "Improvements") to
include costs related to the construction of the Improvements on the Premises.
D. A condition of the Reimbursement is that the Contemplated Improvements be
constructed and the Premises be used substantially in accordance with the description of the
project set forth in Exhibit "B".
E. Owner agrees to comply with all the terms and conditions set forth in this
Agreement.
II.
CONDITION OF REIMBURSEMENT
A. At the time of the award of the Reimbursement, all ad valorem real property taxes
with respect to said property owned within the City shall be current.
---B. Prior :to--the- award- of..the_Reimbursement, Owner shall have constructed the
Capital Improvements as specified in Exhibit "B". _
III.
RECORDS AND EVALUATION OF PROJECT
A. The Owner shall provide access and authorize inspection of the Premises by City
employees and allow sufficient inspection of financial information related to construction of the
Improvements to insure that the Improvements are made and the thresholds are met according to
the specifications and conditions of this Agreement. Such inspections shall be done in a way that
will not interfere with Owner's business operations.
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Agreement original.wps
IV.
GENERAL PROVISIONS
A. The City has determined that it has adopted guidelines and criteria for the
Downtown Reimbursement Grant Incentive Program agreements for the City to allow it to enter
into this Agreement containing the terms set forth herein.
B. The City has determined that procedures followed by the City conform to the
requirements of the Code and the Policy, and have been and will be undertaken in coordination
with Owner's corporate, public employee, and business relations requirements.
C. Neither the Premises nor any of the Improvements covered by this Agreement are
owned or leased by any member of the City Council, any member of the City Planning and
Zoning Commission of the City, or any member of the governing body of any taxing units
joining in or adopting this Agreement.
D. In the event of any conflict between the City zoning ordinances, or other City
ordinances or regulations, and this Agreement, such ordinances or regulations shall control.
V..
NOTICE
All notices called for or required by this Agreement shall be addressed to the following,
or such other party or address as either party designated in writing, by certified mail postage
prepare, by hand delivery or via facsimile:
OVTNER: CITY:
Chris and Cynthia Savino George C. Campbell, City Manager
11712 San Victoria Ave. NE City of Denton
Albuquerque, NM 87811 215 East McKinney
Denton, Texas 76201
Fax No. 940.349.8596
VI.
CITY COUNCIL AUTHORIZATION
This Agreement was authorized by the City Council by passage of an enabling ordinance
at its meeting on the 4t' day of May, 2010, authorizing the Mayor to execute this Agreement on
behalf of the City, a copy of which is attached hereto and incorporated herein by reference as
Exhibit "D".
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Agreement original.wps
VII.
SEVERABIILTY
In the event any section, subsection, paragraph, sentence, phrase or word is held invalid,
illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and
shall be read as if the parties intended at all times to delete said invalid section, subsection,
paragraph, sentence, phrase, or word. In the event that (i) the term of the Reimbursement with
respect to any property is longer than allowed by law, or (ii) the Reimbursement applies to a
broader classification of property than is allowed by law, then the Reimbursement shall be valid
with respect to the classification of property abated hereunder, and the portion of the term, that is
allowed by law.
VIII.
OWNER STANDING
Owner, as a party to this Agreement, shall be deemed a proper and necessary party in any
litigation questioning or challenging the validity of this Agreement or any of the underlying
ordinances, resolutions, or City Council actions authorizing same and Grantee shall be entitled to
intervene in said litigation.
Ix.
APPLICABLE LAW
This Agreement shall be construed under the laws of the State of Texas and is fully
performable in Denton County, Texas. Venue for any action under this Agreement shall be in
Denton County,
X.
ENTIRE AGREEMENT
This - instrument. i -
the attached; exhibits contains the entire agreement between the
'th
parties with respect to the transaction contemplated in this Agreement.
XI.
BINDING
This Agreement shall be binding on the parties and the respective successors, assigns,
heirs, and legal representatives.
XII.
COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed an
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Agreement original.wps
original, but all of which together shall constitute one and the same instrument.
XIII.
SECTION AND OTHER HEADINGS
Section or other headings contained in this Agreement are for reference purposes only and
shall not affect in any way the meaning or interpretation of this Agreement.
XIv.
NO JOINT VENTURE
Nothing contained in this Agreement is intended by the parties to create a partnership or
joint venture between the parties, and any implication to the contrary is hereby disavowed.
XX.
AMENDMENT
This Agreement may be modified by the parties hereto to include other provisions which
could have originally been included in this Agreement or to delete provisions that were not
originally necessary t . o this Agreement.
XXI.
FORCE MAJEURE
If, because of flood, fire, explosions, civil disturbances, strikes, war, acts of God, or other
causes beyond the control of either Parry, either Party is not able to perform any or all of its
obligations under this Agreement, then the respective Party's obligations hereunder shall be
suspended during such period but for no longer than such period of time when the parry is unable
to perform.
Thi greement is executed to be effective 30 days after the executed date of the
day of , 20101 (the "Effective Date") by duly authorized officials of the City
and Owner.
PASSED AND APPROVED this the _ day of , 2010.
CITY OF DENTON
GEORGE C. CAMPBELL, CITY MANAGER
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Agreement original.wps
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: A)() 0h,
APPR LED A TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
JA
i
C RIS SAVINO, OWNER
CYNTHIA SAVINO, OWNER
ATTEST:
BY:
STATE OF TEXAS §
COUNTY OF DENTON §
Before me, the undersigned authority, a Notary Public in and for said State of Texas, on
this day personally appeared George C. Campbell, City Manager for the City of Denton, known
to me to be the person who signed and executed the foregoing instrument, and acknowledged to
me that this instrument was executed for the purposes and consideration therein expressed.
Given under my hand and seal of office this they day of , 2010.
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Agreement original.wps
JENNIFER K. WALTERS
Notary Public, State of Texas
My Commission Expires
i,~lEOF Decemb®r 19, 2010
N
TTac in and or the
S e of s
'ry
My Commission Expires: Q
STATE OF NEW MEXICO §
COUNTY OF BERNALILLO §
Before me, the undersigned authority, a Notary Public in and for said State of New
Mexico, on this day personally appeared Chris Savino, Owner, known to me to be the person who
signed and executed the foregoing instrument, and acknowledged to me that this instrument was
executed for the purposes and consideration therein expressed.
Given under my hand and seal of office this the&f~ day of 2010.
OFFICIAL SEAL.
DANIEL J VASOM
NOTARY _
K>Btlc srAX °W UM=
- `No ' Public and for the
• 9%Z--
000"° State ofd;
My Commission Expires: p/ate/-~i Z
Page 7
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Agreement original.wps
Notary Public in and for the
State of New Mexico
My Commission Expires:
STATE OF NEW MEXICO §
COUNTY OF BERNALILLO §
Before me, the undersigned authority, a Notary Public in and for said State of Tomas, on
this day personally appeared Cynthia Savino, Owner, known to me to be the person who signed
and executed the foregoing instrument, and acknowledged to me that this instrument was
executed for the purposes and consideration therein expressed.
Given under my hand and seal of office thi e ay of
of CKL SM
DANIEL J VAS
WTA" .STATE OFWN otary Public and fipr the.
State of Ivae-
IC/
My Commission Expires:
Page 8
Exhibit A
Being all that certain lot, tract or parcel of land situated in the W. NEILL SURVEY, Abstract
No. 971, in the City and County of Denton, Texas, being a part of Lot 2, Block 4 of the Original
Town of Denton, Texas, and being all that certain tract of land conveyed by Deed from Virginia
McNeill, Cherry Ann Ball and Jack Davis Ball to Richard r.. Compton and wife, Stephany
Compton, recorded in Volume 1764, page 975, Real Property Records, Denton County, Texas,
and being more particularly described as follows:
BEGINNING at a building corner for corner at the Northeast corner of the intersection of West
oak Street, a public roadway having a Right-of-Way of 80.0 feet, and Cedar Street, a public _
roadway having a Right-of-Way of 60.0 feet, said point being the Southwest corner of said
Compton Tract;
THENCE North 58.3 feet with the West face of said building and with the East line of Cedar
Street, to a building corner for corner in the South line of a concrete alley;
THENCE East 20.4 feet with the North face of said building for corner in the North line of said
West Oak Street;
THENCE South 58.3 feet with a common wall to a building corner for corner in the North line of
said West oak Street;
THENCE West 20.4 feet with the South face of said building and with said North line of said
West Oak Street to the Plade of Beginning and containing 0.027 acres of land, more or less.
Exhibit B
is
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DOWNTOWN INCENTIVE REIMBURSEMENT GRANT
PROGRAM APPLICATION
Please return: completed with necessary' attachments.aand signature- to Downtown, Development- office, 21S._E:.
McKinney no:later'than 5'0.m-., nn.the Monday-,prior'to the. l." Wednesday ofeach-month. U-you have any . '
application questions; please, contact` the ,Downtotivn_Project Coordinator. at 90-349-7731.. if .you 'have any
building'. or sign. perm.itfhistoric :preservation. questions,:' please: contact. the Historic Preservation Officer at
940_3494732: '
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